Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21262 of 2026 Arising Out of PS. Case No.-221 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== 1.
Babita Devi wife of Dhebar Basfor Resident of Village -Hatawa PS- Kateya Distt -Gopalganj 2.
Govind Basfor Son of Dhebar Basfor Resident of Village -Hatawa PSKateya Distt -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Dharmveer, Advocate For the State :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for offence punishable under Sections 103(1) and 3(5) of the B.N.S..
3. As per prosecution case, brother of the informant, who was residing in his in-laws' house, was killed by all the F.I.R. named accused persons, including these petitioners.
4. Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be mother-in-law and
Patna High Court CR. MISC. No.21262 of 2026(2) dt.01-05-2026 2/3 Petitioner No. 2 happens to be brother-in-law of the deceased. Informant is not eye-witness to the occurrence and has raised only suspicion against these petitioners and other family members. During investigation, none of the witness has supported the prosecution case. As a matter of fact, the deceased committed suicide out of frustration. In the post-mortem report also, the doctor has opined cause of death, as Asphyxia due to hanging. It is further submitted that co-accused Dhebar Basfor, having similar and identical allegations, has already been graned bail by this Hon'ble Court vide order dated 07.11.2025 passed in Cr. Misc. No. 52775 of 2025. Moreover, charge-sheet has already been submitted and petitioners, having no criminal antecedents, are in custody since 15.01.2026.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the facts and circumstances of the case, general and nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioners, the prayer for grant of bail to the petitioners is allowed.
7. Accordingly, let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.21262 of 2026(2) dt.01-05-2026 3/3 satisfaction of learned C.J.M., Gopalganj in connection with Kateya P.S. Case No. 221 of 2025.
(Prabhat Kumar Singh, J) shashank/- U T